Apple tree, named &#39;DS 41&#39;

ABSTRACT

A new and distinct variety of apple tree is described, and which is characterized as to novelty by producing an attractively colored apple which is mature for harvesting and shipment on approximately October 2 under the ecological conditions prevailing in Central Washington state.

LATIN NAME

Malus domestica borkh

VARIETAL DENOMINATION

‘DS 41’

BACKGROUND OF THE NEW VARIETY

The present invention relates to a new and distinct variety of appletree ‘Malus domestica borkh’ and which has been denominated varietallyhereinafter as ‘DS 41’, and more particularly to an apple tree whichbears an attractive highly colored fruit which is distinguished as tonovelty by its improved fruit pressure, brix, pH and harvesting date 22days later as compared to the closest known variety, and when thepresent variety is grown under the ecological conditions prevailing nearGrant County, Washington in the central region of Washington State.

ORIGIN AND ASEXUAL REPRODUCTION

It has long been recognized that an important factor contributing to thesuccess of any new variety of apple tree bearing fruit for the freshmarket is its ability to be stored and then shipped to various local andlong distance markets. Similarly, other significant factors affectingthe commercial viability of any new strain of apple relates to the fruitflavor as reflected by its acidity as well as its sugar content.

The new variety ‘DS 41’ is noteworthy in producing a fruit which is ripefor harvesting and shipment at approximately Oct. 2, 2011 under theecological conditions prevailing near Grant County, Washington. Further,in contrast to the apple tree that is most closely similar to the newvariety, that being, the ‘Honeycrisp’ apple tree (U.S. Plant Pat. No.7,197), which normally harvests about September 10 under the ecologicalconditions prevailing in Grant County, Washington. The present new andnovel apple tree is distinguished therefrom by producing a fruit whichis harvested 22 days later as compared to the ‘Honeycrisp’ apple treewhen grown in the same geographical location, but which exhibits afuller and more intense streaked coloration, and which further hassunken lenticels giving it a slightly different (hammered) appearance.The fresh quality is further unique in that it is very crisp and juicy,and these same characteristics are maintained at nearly the same levelsfollowing the storage of the fruit for prolonged periods and up to fourMonths at common storage temperatures.

As a general matter, the new variety of apple tree produces a sub-acidapple that has greater fruit pressure, a lower pH and higher titratableacid, and a slightly lower sugar content when compared to the fruitproduced by the ‘Honeycrisp’ apple tree (U.S. Plant Pat. No. 7,197) whensampled at same harvesting date, and also following four months incommon storage.

The new variety of apple tree as described herein, was discovered by mewithin the cultivated region of my apple orchard, and which is locatedat N6485 Shefelbine Rd., La Cross County, Wisconsin. In this regard,seeds from an open pollinated ‘Honeycrisp’ apple tree (U.S. Plant Pat.No. 7,197) were collected in 1990 and then planted in 1991 at theaforementioned orchard. This orchard is located in USDA Hardiness Zone4A. After a suitable growing period, the new variety ‘DS 41’ wasselected from the surviving seedlings during the 2002 growing season.Thereafter, second generation trees were budded onto M26 rootstock(unpatented) in August 2007, and then planted in a commercial nurseryblock which was located in Grant County, Washington in the Spring of2009. The aforementioned Grant County nursery block is located in USDAHardiness Zone 6b. The fruit produced by these second generationasexually produced trees were observed during the 2010 and 2011 growingseasons. The fruit produced by these second generation trees were foundto be substantially identical to the fruit produced by the originalidentified chance seedling during the 2002 growing season.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 is a photograph of the present variety of apple tree growingunder typical ecological conditions in the aforementioned nurseryorchard which is located in central Washington state.

FIG. 2 is a photograph of a fruiting branch of the present new varietyof apple tree at full bloom.

FIG. 3 is a photograph of a mature fruiting branch, at full harvestmaturity, of the present variety.

FIG. 4 is a photograph which compares the fruit of the present varietyagainst the fruit produced by a ‘Honeycrisp’ apple tree (U.S. Plant Pat.No. 7,197) when grown under similar environmental conditions.

The colors in the enclosed photographs are as nearly true as isreasonably possible in color photographs of this type. However, due tochemical development, processing and printing, the leaves and fruitdepicted in these photographs may or may not be accurate when comparedto the actual botanical specimens. For this reason, future colorreferences should be made to the color plates (Royal HorticulturalSociety of Great Britain) and other common color descriptions asprovided hereinafter. Occasionally, common names will also be used.

NOT A COMMERCIAL WARRANTY

The following detailed description has been prepared to solely complywith the provisions of 35 U.S.C. §112, and does not constitute acommercial warranty, (either expressed or implied), that the presentvariety will, in the future, display all the botanical, pomological orother characteristics as set forth, hereinafter. Therefore, thisdisclosure may not be relied upon to support any future legal claimsincluding, but not limited to, breach of warranty of merchantability, orfitness for any particular purpose, or non-infringement which isdirected, in whole, or in part, to the present variety.

DETAILED DESCRIPTION

-   Tree:    -   -   Size.—Generally — The tree as discussed, hereinafter, is a            second generation tree which is three years old, and which            is described as it would be seen while growing at the            earlier mentioned orchard which is located in Grant County,            Washington. All color references are from the R.H.S. Colour            Chart provided by The Royal Horticultural Society of Great            Britain.        -   Type.—The present variety of tree is trained and growing on            a central leader arrangement. As trained, the variety is            considered precocious.        -   Spur development.—Generally — Moderately heavy numbers of            spurs are produced.        -   Vigor.—Considered moderate for the species.        -   Shape.—Generally — Considered upright to upright spreading.            However, to some degree, the training of the tree on a            central leader type arrangement will dictate the overall            shape of the tree.        -   Tree height.—At three years, about 6.5 feet.        -   Crown diameter.—At three years, about 4.0 feet.        -   Hardiness.—The present variety is considered hardy for the            region it is being grown in, that is, USDA Zone 6a.        -   Fruit productivity.—Considered moderately high for the            species.-   Trunk:    -   -   Size.—About 3.3 cm. in diameter when the trunk is measured            at a height of about 20 cm. about the graft union.        -   Bark texture.—Generally — Considered smooth for a tree of            only three years old.        -   Bark color.—Grey-brown (RHS 199C).        -   Lenticels.—Numbers — Present, and moderate in number, and            averaging about 10 lenticels per 4 square cm. area.        -   Lenticels.—Shape — Variable, oval to elongated and oriented            substantially horizontally.        -   Lenticels.—Width — 0.9 to about 1.7 mm.        -   Lenticels.—Length — 3.2 to about 6.6. mm.        -   Lenticels.—Color — Grey-yellow (RHS 161B).-   Branches:-   First year branches:    -   -   Diameter.—About 4.2 to about 5.1 mm. in diameter.        -   Length.—About 20.9 to about 32.3 cm.        -   Bark color.—Generally — Grey-purple (RHS 183A).        -   Lenticels.—Numbers — About 9 lenticels appear per            running cm. of branch length.        -   Lenticels.—Shape — Elongated and oriented substantially            vertically.        -   Lenticels.—Length — About 0.7 to about 1.1 mm.        -   Lenticels.—Width — About 0.3 to about 0.5 mm.        -   Lenticels.—Color — Yellow-white (RHS 158A).        -   Branch pubescence.—Generally — Present, however it is            generally light in abundance.        -   Internodes spacing.—About 27.1 to about 40.1 mm. between the            internodes.-   Two year old branches:    -   -   Diameter.—About 7.5 to about 8.8 mm.        -   Spur development.—Considered moderate to moderately heavy.        -   Spur length.—About 7.5 to about 46.1 mm.        -   Bud diameter.—About 6.0 to about 9.2 mm.        -   Bud color.—Grey-purple (RHS 187A).        -   Lenticels.—Numbers — Numerous and averaging about 7            lenticels per square cm.        -   Lenticels.—Shape — Round.        -   Lenticels.—Diameter — About 1-2 mm.        -   Lenticels.—Color — Yellow-white (RHS 158A).-   Scaffold branches:    -   -   Size.—Variable, and ranging in size from about 10 to about            16.3 mm. in diameter when measured at a distance of about            5 cm. from the trunk.        -   Crotch angle.—Generally — As trained, this measurement is            moderately flat to flat, that is, about 85 to about 90            degrees from the vertical.        -   Branch color.—Generally — Grey-brown (RHS N199C).        -   Lenticels.—Numbers — Considered few in number. Typically 2            lenticels per square cm. are found.        -   Lenticels.—Shape — Typically oval.        -   Lenticels.—Length — About 1.8 to about 2.6 mm.        -   Lenticels.—Width — About 1.1 to about 1.3 mm.        -   Lenticel orientation.—Generally — Horizontal.        -   Lenticel color.—Orange-white (RHS 159A).-   Leaves:    -   -   Shape.—Generally — Considered broadly acute, and upwardly            folding.        -   Texture.—Dorsal surface — Smooth and leathery and having            sunken veins.        -   Texture.—Ventral surface — Smooth, and having protruding            veins.        -   Sheen.—The dorsal surface has a high sheen.        -   Pubescence.—On the ventral surface, the pubescence covers            nearly the entire surface and is considered moderately            dense.        -   Pubescence color.—Green-white (RHS 157B).        -   Length.—About 82.7 to about 111.4 mm.        -   Width.—About 56.6 to about 69.2 mm.        -   Marginal form.—Generally — Considered serrate, and            occasionally bi-serrate regions may be found.        -   Tip shape.—Acuminate.        -   Base.—Rounded.        -   Stipules.—Generally — Present on most petioles.        -   Stipules.—Numbers — Typically 1 to 2 are present.        -   Shape.—Acicular and further curving towards the petiole.        -   Stipule length.—About 9.6 mm.        -   Stipule width.—About 1.9 mm.        -   Stipule color.—Both the dorsal and ventral surfaces are            considered green (RHS 138B).        -   Stipule pubescence.—None is evident.        -   Leaf blade color.—Dorsal surface — Green (RHS 137A).        -   Leaf blade color.—Ventral surface — Yellow-green (RHS 146B).        -   Mid-vein shape.—Prominent and having a considerable amount            of fine pubescence on the lower surface of the vein.        -   Mid-vein width.—About 1.1 mm. to about 1.6 mm.        -   Mid-vein upper surface color.—Yellow-green (RHS 145D).        -   Mid-vein lower surface color.—Yellow-green (RHS 146B).        -   Mid-vein pubescence.—Generally speaking, the entire ventral            surface is covered with a moderately dense pubescence which            has a color that is green-white (RHS 157B).        -   Leaf petiole.—Length — About 29.1 to about 47.6 mm.        -   Leaf petiole.—Shape — A shallow groove runs the entire            length of the dorsal surface.        -   Leaf petiole.—Diameter — About 1.8 to about 2 mm.        -   Leaf petiole.—Color — The dorsal surface has a grey-purple            color (RHS 186C). The ventral surface has a yellow-green            color (RHS 194C). Occasionally, a light highlight is found            at the basal end and on the ventral surface, and which is            grey-purple (RHS 185A).        -   Petiole pubescence.—Generally, considered abundant and            moderately dense, and located over the entire length, and            circumference of the petiole.        -   Petiole pubescence.—Color — Green-white (RHS 157B).-   Flower:    -   -   Date of full bloom.—About May 9, 2011 under the ecological            conditions prevailing near Grant County, Washington.        -   Number of blossoms per bud.—5-6 blossoms may be found.        -   Flower size.—Generally speaking, it is considered to be a            medium-large flower for the species. When fully expanded,            the diameter of the flowers range from about 49.8 to 57.2            mm.        -   Petals.—Numbers — 5.        -   Petals.—Width — About 18.3 mm.        -   Petals.—Length — About 24.5 mm.        -   Petals.—Color — White (RHS N155D). The ventral surface has            highlights which are red-purple, in color (RHS 64B).        -   Petal shape.—Elliptic.        -   Stamen.—Numbers — About 19-20.        -   Filament.—Length — About 4.2 to about 12.1 mm.        -   Filament.—Color — White (RHS 155C).        -   Anthers.—Shape — Elongated and heart shaped.        -   Anthers.—Dimensions — About 1 mm. wide and about 1.4 mm.            long.        -   Anthers.—Mature Color — Yellow (RHS 10D).        -   Pistil.—Length — About 11.7 to about 14.4 mm.        -   Styles.—Numbers — About 5.        -   Styles.—Form — The styles are fused together at about ⅓ the            distance from the base.        -   Styles.—Color — Yellow-green (RHS 145B).        -   Stigma.—Shape — Round and club shaped.        -   Sigma.—Diameter — About 0.5 mm.        -   Sigma.—Color — Yellow-green (RHS 153B).        -   Sepals.—Numbers — Typically 5 per blossom.        -   Sepals.—Shape — Considered thin, and deltoid shaped, and            curved back over the peduncle.        -   Sepals.—Tip Shape — Generally acuminate.        -   Sepals.—Base shape — truncate.        -   Sepals.—Length — About 11.1 mm.        -   Sepals.—Width — About 4.1. mm.        -   Sepals.—Pubescence — Moderate, and white in color.        -   Sepal color.—Dorsal surface — Yellow-green (RHS 146C).        -   Sepal color.—Ventral surface — Yellow-green (RHS 148D).        -   Sepal tip color.—Red-purple (RHS 64B).        -   Peduncle.—Length — About 20.5 to about 24.3 mm.        -   Peduncle.—Color — Yellow-green (RHS 146B). Occasionally, the            basal end of the peduncle may have highlights of a            red-purple color (RHS 64B).        -   Peduncle.—Surface texture — A white downiness is present            over the entire surface. The color of this downiness is not            distinctive of the variety.-   Fruit:    -   -   Form.—Generally — The present variety produces fruit which            are considered irregularly round and conical in shape, and            the fruit exhibits an overall lopsided appearance. The            present fruit is not considered crowned and does not exhibit            any ribbing.        -   Size.—Considered medium large for the species at normal crop            loading levels.        -   Diameter.—About 74.4 mm when measured in the axial diameter.            The present variety also has an average diameter of 84.7 mm.            when measured in the equatorial plane.        -   Stem.—Length — Considered stout. The length of the fruit            stem is about 9.2 to about 22.9 mm.        -   Stem.—Diameter — About 3.5 mm.        -   Stem cavity.—Width — About 27.2 to about 36 mm.        -   Stem cavity.—Depth — About 14.2 to about 20.8 mm.        -   Stem cavity.—Shape — Obtuse. No stem cavity lipping is            evident.        -   Stem bowl.—Russet — Very little russet is detected, and when            found, is typically located only at the base.        -   Basin cavity.—Width — About 28.9 to about 35.6 mm.        -   Basin cavity.—Depth — About 9.2 to about 14.4 mm.        -   Basin cavity.—Shape — Overall the cavity is considered wide            and sloping.        -   Eye.—Shape — Erect in form, and occasionally having reflexed            tips.        -   Sepal color.—Yellow-green (RHS 146D).        -   Sepals.—Surface texture — Considered moderately downy.        -   Sepals.—Downy color — Green-white (RHS 157D).        -   Skin.—Surface texture — Considered smooth and having shallow            lenticel dimpling which gives it a “hammered” look.        -   Skin bloom.—Present and considered moderate in amount.        -   Skin texture.—Considered brittle.        -   Skin thickness.—Considered average for the species.        -   Skin appearance.—Streaked.        -   Skin under color.—Yellow-green (RHS 151D).        -   Streak over color.—Red (RHS 53A).        -   Streak under color.—Red (RHS 46B). As a general matter, 80            to about 95% of the surface is colored.        -   Skin lenticels.—Numbers — Numerous and uniform in their            distribution. Typically, 8 per square cm. are found.        -   Skin lenticels.—Shape — Round and quite conspicuous in the            streaked areas.        -   Skin lenticels.—Diameter — About 0.7 to about 1 mm.        -   Skin lenticels.—Color — White (RHS 155B).        -   Core position.—Generally speaking, it is considered median.        -   Core line position.—Basal meeting.        -   Core diameter.—About 39.2 mm.        -   Core length.—About 31.8 mm.        -   Core shape.—Generally considered flat and conical.        -   Cell number per fruit.—5.        -   Cell shape.—Considered elliptical.        -   Cell length.—About 17.2 mm.        -   Cell depth.—About 5.3 mm.        -   Tube.—Shape — Generally considered cone-shaped.        -   Stamen position.—Generally, basal.        -   Axis.—Generally, axial and closed.        -   Seed numbers.—Typically 2. Occasionally 1.        -   Seed shape.—Acute.        -   Seed length.—About 8.1 to about 9.1 mm.        -   Seed width.—About 4.8 to about 5.7 mm.        -   Seed color.—Brown (RHS 200C).        -   Flesh texture.—Fine, crisp, and melting. The flesh is            sub-acid and juicy.        -   Flesh color.—Yellow (RHS 11D). The flesh of the present            fruit will brown slightly following exposure to the            atmosphere upon the cutting of the fruit.        -   Flesh aroma.—Apple-like and moderate in intensity.        -   Date of harvest.—Oct. 2, 2011 under the ecological            conditions prevailing in Grant County, Washington.        -   Fruit pressure.—The apple tree of the present variety            produces fruit at harvesting which has a fruit pressure of            about 16.4 pounds. In relative comparison to the fruit            produced by the ‘Honeycrisp’ apple tree (U.S. Plant Pat. No.            7,197), the fruit pressure of the present variety is higher.            The ‘Honeycrisp’ apple tree produces fruit at the same            geographical location which has a fruit pressure of about            15.1 pounds. Once the fruit is subjected to storage            conditions, the fruit produced by the present variety of            apple tree had a fruit pressure on Jan. 23, 2012 of 15.9            pounds as compared to the fruit of the ‘Honeycrisp’ apple            tree which had a fruit pressure of about 13.5 pounds.        -   Brix.—Upon harvesting, the fruit produced by the present            variety of apple tree had a brix of about 13.5 as compared            to the brix of 14.3 for the fruit produced by the            ‘Honeycrisp’ apple tree (U.S. Plant Pat. No. 7,197)when            grown under similar environmental conditions. When measured            on Jan. 23, 2012, the new variety had a brix of about 13.9            as compared to the fruit of the ‘Honeycrisp’ apple tree            which had a brix of about 14.2.        -   pH.—Upon harvesting on Oct. 2, 2011, the fruit of the            present new variety of apple tree had a pH of about 3.43 as            compared to a pH of about 3.75 for the fruit produced by the            ‘Honeycrisp’ apple tree when grown under similar conditions.            When measured on Jan. 23, 2012, the pH of the fruit produced            by the present variety was about 3.52 as opposed to the pH            of the ‘Honeycrisp’ apples stored under identical storage            conditions which had a pH of about 3.75.        -   Titratable acid.—Upon harvest, the fruit produced by the            present variety of apple tree had a titratable acid            concentration of 0.82 grams per 100 ml. as compared to the            titratable acid found in the fruit produced by the            ‘Honeycrisp’ apple tree, when grown under similar conditions            of about 0.52 grams per 100 ml. When measured on Jan. 23,            2012, the fruit of the new variety of apple tree had a            titratable acid concentration of 0.62 grams per 100 ml. as            opposed to the ‘Honeycrisp’ apple tree, when stored under            identical conditions, of about 0.45 grams per 100 ml.        -   Keeping quality.—Considered excellent. The present variety            has been kept up to 5 months in cold storage with no            substantial deleterious effects noted.        -   Pollination.—Generally — Any diploid apple maturing in            approximately the same blooming season will be suitable.        -   Fruit use.—Fresh dessert apple.        -   Disease and insect resistance.—The present variety is            considered to be susceptible to all insects and diseases            found in the region of Central Washington state.

Although the new variety of apple tree herein denominated varietally as‘DS 41’ possesses the characteristics recited above when grown under theecological conditions prevailing in Grant County, Washington, it shouldbe understood that the variations of the usual magnitude andcharacteristics incident to changes in growing conditions,fertilization, pruning and pest control will be expected.

Having thus described and illustrated my new variety of apple tree, whatI claim is new, and desire to secure by Plant Letters Patent is:
 1. Anew and distinct variety of apple tree as substantially illustrated anddescribed, and which is characterized as to novelty by producing anattractively colored apple which is mature for harvesting and shipmenton approximately October 2 under the ecological conditions prevailingnear Grant County, Washington.